S07130 Memo:

S07130 Text:

STATE OF NEW YORK
________________________________________________________________________
7130
IN SENATE
April 30, 2014
___________
Introduced by Sen. LIBOUS -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to accrual
of certain causes of action
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of subdivision (g) of section 203 of
2 the civil practice law and rules is designated paragraph 1 and a new
3 paragraph 2 is added to read as follows:
4 2. Notwithstanding any other provision of law to the contrary, for the
5 purposes of sections fifty-e and fifty-i of the general municipal law,
6 section ten of the court of claims act, and the provisions of any other
7 law pertaining to the commencement of an action or special proceeding,
8 or to the filing of a notice of claim as a condition precedent to
9 commencement of an action or special proceeding within a specified time
10 period, the period in which to commence such action or proceeding or to
11 file such notice of claim shall not being to run until the later of
12 either: (a) when one knows or reasonably should have known of the
13 alleged negligent act or omission and knows or reasonably should have
14 known that such negligent act or omission has caused an injury; or (b)
15 the date of the last treatment where there is continuous treatment for
16 the same illness, injury or condition which have rise to the accrual of
17 an action. However, such action shall commence no later than ten years
18 from the act, omission or failure complained of or last treatment where
19 there is continuous treatment for the same illness, injury or condition
20 which gave rise to the act, omission or failure; provided, however, that
21 where the action is based upon the discovery of a foreign object in the
22 body of a patient, the action may be commenced within one year of the
23 date of such discovery or of the date of discovery of facts which would
24 reasonably lead to such discovery, whichever is earlier.
25 § 2. Section 214-a of the civil practice law and rules, as amended by
26 chapter 485 of the laws of 1986, is amended to read as follows:
27 § 214-a. Action for medical, dental or podiatric malpractice to be
28 commenced within two years and six months; exceptions. An action for
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14944-01-4

S. 7130 2
1 medical, dental or podiatric malpractice must be commenced within two
2 years and six months of the accrual of any such action. The accrual of
3 an action occurs at the later of either (a) when one knows or reasonably
4 should have known of the alleged negligent act or omission and knows or
5 reasonably should have known that such negligent act or omission has
6 caused an injury; or (b) within two years and six months of the last
7 treatment where there is continuous treatment for the same illness,
8 injury or condition which gave rise to the accrual of an action. Howev-
9 er, such action shall commence no later than ten years from the act,
10 omission or failure complained of or last treatment where there is
11 continuous treatment for the same illness, injury or condition which
12 gave rise to the said act, omission or failure; provided, however, that
13 where the action is based upon the discovery of a foreign object in the
14 body of the patient, the action may be commenced within one year of the
15 date of such discovery or of the date of discovery of facts which would
16 reasonably lead to such discovery, whichever is earlier. For the purpose
17 of this section the term "continuous treatment" shall not include exam-
18 inations undertaken at the request of the patient for the sole purpose
19 of ascertaining the state of the patient's condition. For the purpose of
20 this section the term "foreign object" shall not include a chemical
21 compound, fixation device or prosthetic aid or device.
22 § 3. This act shall take effect immediately.